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/iy.:111 <br /> °11*;!14 .."Ar <br /> ORDINANCE NO. 3134-09 <br /> An Ordinance relating to Hit and Run, amending <br /> Ordinance 2008-94 (Chapter 46.04 EMC) <br /> by the addition of two new Sections. <br /> Whereas, the City of Everett has adopted by reference the "Washington Model Traffic <br /> Ordinance," Chapter 308-330 Washington Administrative Code, as the traffic ordinance of the <br /> city; and <br /> Whereas, the State crimes of Hit and Run Unattended Vehicle/Property Damage (RCW <br /> 46.52.010), and Hit and Run Attended Vehicle (RCW 46.52.020) and the duties of motorists <br /> following a collision as set forth in RCW 46.52.020(3) are included in the Model Traffic <br /> Ordinance and are therefore a part of the Everett Traffic Code; and <br /> Whereas, the crimes of Hit and Run Unattended Vehicle/Property Damage and Hit and <br /> Run Attended Vehicle cannot be charged by prosecutors if a motorist collides with a pedestrian <br /> or a bicyclist and fails to stop and comply with his/her statutory duties; and <br /> Whereas, the only Hit and Run crime that could be charged if a motorist collides with a <br /> pedestrian or a bicyclist and fails to comply with his/her statutory duties Felony Hit and Run <br /> (RCW 46.52.020(1)), but the charging standard for filing a Felony Hit and Run charge requires <br /> evidence that the pedestrian or bicyclist incur a significant injury; and <br /> Whereas, there is a resulting inability to for prosecutors to charge any Hit and Run crime <br /> in the event the pedestrian or bicyclist suffer injuries from the collision that are not significant; <br /> and <br /> Whereas, First Class Cities have the power to provide for the punishment of all practices <br /> dangerous to public health or safety and to provide for the arrest, trial and punishment of all <br /> persons charged with violating a city ordinance; <br /> NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Ordinance No. 2008-94 is amended by the addition of the following section: <br /> Intent. <br /> It is the intent of Section 2 of this Ordinance to define a new crime to supplement presently <br /> defined crimes in Chapter 46.52 RCW to penalize the failure of a motorist who has collided with <br />